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New Bankruptcy Trends From An Old Hand

By Cathy Moran

bankruptcy trends

I’m seeing a real change in the people seeing me about filing bankruptcy. Used to be, the problem was credit card debt, unemployment, or divorce. A surprising trend over the past six months is developing. I acknowledge the sample size is small.  Statistically, you can challenge the significance, but here are the trends. My office is […]

Filed Under: Featured, True Stories Tagged With: 2017

What Happens To My Stuff In Different Bankruptcy Chapters

By Cathy Moran

Chapter 7 v. 13

Will it be Chapter 7 v. 13? After you’ve made the decision to get a fresh start, you need to choose a bankruptcy chapter, usually Chapter 7 or Chapter 13. The choice of chapter is complex, involving many interconnected factors. Here we’re going to compare just the treatment of different kinds of assets in Chapter […]

Filed Under: Considering Bankruptcy, Consumer Rights Tagged With: 2021, chapters

When Giving Isn’t Good

By Cathy Moran

When you owe money to others, you are not free to give assets away. Or retitle them. Or put them in an irrevocable trust. That’s the universal principle of Anglo-Saxon law that prohibits fraudulent transfers. But the concept of a gift being wrong in the law is among the most difficult for ordinary folks to […]

Filed Under: Consumer Rights Tagged With: fraudulent transfer

What happens in Vegas…

By Cathy Moran

gambling debts

May make you a felon. Funny, the Las Vegas PR doesn’t mention criminal prosecution for unpaid gambling markers. Yet Nevada treats gambling markers like negotiable instruments (i.e. checks).  Failure to satisfy a marker within 30 days can lead to criminal charges. Gambling debts gone in bankruptcy Most bankruptcy courts have held that gambling debts are […]

Filed Under: How bankruptcy works

Are You Liable For Your Spouse’s Debts In California?

By Cathy Moran

spouse's debts

“Everyone knows” that California’s community property law makes you liable for spouse’s debts. Only, “everyone” is wrong. Or, more accurately, they’re only half right. Community property is liable for everything In California, the community property is liable for the debts of either spouse. In fact, the community property is liable for the debts that either […]

Filed Under: Strictly California Tagged With: community property

Tax Tips & Tidbits To Pay Less

By Cathy Moran

tax tool roundup

Tax filing deadline approaches, so I thought we’d gather up tax tips and little known tax strategies, especially useful if you’ve filed bankruptcy. The Tax Deduction No One Tells You About If you are paying mortgage interest, state taxes, back support, or business debt through a Chapter 13 plan, those payments made by the trustee […]

Filed Under: Featured, Taxes Tagged With: 2016

Jailed For Debt In The USA?

By Cathy Moran

Jailed for debt

Worried about being arrested and jailed for not paying your bills? A surprising number of people think it’s possible. Yet the only way that you can end up in jail for not paying your bills comes from not opening the mail. Ignoring debt doesn’t work In my experience, people with money troubles often stop opening […]

Filed Under: Consumer Rights

Scammers Spoof IRS To Get Your Info

By Cathy Moran

computer scam

Tax season saw a 400% rise in fake email to taxpayers pretending to be from the IRS. The scammers want you to click a link, give them information, or otherwise open yourself to identity theft. Identity theft and the diversion of tax refunds is the number one tax scam.  Fake email is third. Protect yourself as […]

Filed Under: Consumer Rights, Taxes Tagged With: 2016

Bankruptcy Alphabet: B Is For Business

By Cathy Moran

Business is my bankruptcy “B’ word. Business debt of the individual filing bankruptcy is dischargeable just as other personal debt. In Silicon Valley, the very innovation and risk taking that makes the Valley vibrant brings with it the risks of not making it in the marketplace. Bankruptcy can be the “do over” vehicle, freeing manpower and […]

Filed Under: ABC's of bankruptcy, How bankruptcy works

Is A Free Bankruptcy Consultation Worth It?

By Cathy Moran

No matter how much they’ve spent on other stuff, those shopping for a bankruptcy lawyer seem to expect a free consultation. “Everyone else offers a free consultation” I’m told. Not me:  I don’t do “free”. But I’ve come to doubt what other bankruptcy attorneys offer is really a free consultation. Oh, it may be free, […]

Filed Under: Consumer Rights, You & your lawyer

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Bankruptcy Basics

About The Soapbox

You’ve arrived at the Bankruptcy Soapbox, a resource of bankruptcy information and consumer law.

Soapbox is a companion site to Bankruptcy in Brief, where I try to be largely explanatory and even handed (Note I said “try”).

Here, I allow myself to tell stories and express strong opinions. We dig deeper into how to consider bankruptcy and navigate a bankruptcy case.

Moran Law Group
Bankruptcy specialists for individuals and small businesses in the San Francisco Bay Area

How Bankruptcy Works

Everyone gets $1M + bankruptcy exemption

Bankruptcy exemptions vary from state to state, but everyone gets an exemption of ~$1.75 M for money in an IRA. It's part of the Bankruptcy Code (section 522(n)) that applies to all filers, wherever they live. The exemption covers both classic, before-tax IRA's and Roth IRA's that are funded with after-tax dollars. … Read more

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